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EX-99.1 - EX-99.1 - HIGHWATER ETHANOL LLCthirdamendmenttosecond.htm

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): September 30, 2020

HIGHWATER ETHANOL, LLC
(Exact name of registrant as specified in its charter)
 
Minnesota333-13748220-4798531
(State or other jurisdiction of incorporation or organization)(Commission File Number)(I.R.S. Employer Identification No.)
24500 US HWY 14, PO Box 96, Lamberton, MN
56152
(Address of principal executive offices)(Zip Code)
(507) 752-6160
(Registrant's telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o
 Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act: None
Title of each classTrading Symbol(s)Name of each exchange on which registered

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company o
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o





Item 1.01 Entry Into a Material Definitive Agreement

    On September 30, 2020, Highwater Ethanol, LLC, Compeer Financial, PCA and AgCountry FCS, PCA executed a Third Amendment to Second Amended and Restated Credit Agreement (the "Amendment"), which amends the Second Amended and Restated Credit Agreement dated January 22, 2016. The purpose of the Amendment was to provide that the monthly installment payments of principal and interest on the 2020 Term Loan will commence on January 1, 2021.

Item 9.01 Financial Statements and Exhibits

(a)None.

(b)None.

(c)None.

(d)Exhibits

Exhibit No.            Description

99.1     Third Amendment to Second Amended and Restated Credit Agreement 9-30-2020

    



SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

HIGHWATER ETHANOL, LLC
Date: October 1, 2020/s/ Brian Kletscher
Brian Kletscher, Chief Executive Officer